The Civil Procedure (Amendment No.2) Rules 2009
S.I. 2009/3390 · Made 22 December 2009
Senior Courts Of England And Wales County Courts, England And Wales
Made 22nd December 2009
Laid before Parliament 30th December 2009
Coming into force in accordance with rule 1
The Civil Procedure Rule Committee, in exercise of the power conferred by section 2 of the Civil Procedure Act 1997f1 to make rules of court under section 1 of that Act, after consulting in accordance with section 2(6)(a) of that Act, makes the following Rules—
Annotations to the whole text
Footnotes
- f1
-
1997 c. 12. Section 2 was amended by the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4, Part 1, paragraphs 261, 263(1) and (2).
Contents
- 1Citation, commencement and interpretation
- 2Citation, commencement and interpretation
- 3Amendments to the Civil Procedure Rules 1998
- 4Amendments to the Civil Procedure Rules 1998
- 5Amendments to the Civil Procedure Rules 1998
- 6Amendments to the Civil Procedure Rules 1998
- 7Amendments to the Civil Procedure Rules 1998
- 8Amendments to the Civil Procedure Rules 1998
- 9Amendments to the Civil Procedure Rules 1998
- 10Amendments to the Civil Procedure Rules 1998
- 11Amendments to the Civil Procedure Rules 1998
- 12Amendments to the Civil Procedure Rules 1998
- 13Amendments to the Civil Procedure Rules 1998
- 14Amendments to the Civil Procedure Rules 1998
- 15Amendments to the Civil Procedure Rules 1998
- 16Amendments to the Civil Procedure Rules 1998
- 17Amendments to the Civil Procedure Rules 1998
- 18Amendments to the Civil Procedure Rules 1998
- 19Amendments to the Civil Procedure Rules 1998
- 20Amendments to the Civil Procedure Rules 1998
- 21Amendments to the Civil Procedure Rules 1998
- 22Amendments to the Civil Procedure Rules 1998
- 23Amendments to the Civil Procedure Rules 1998
- 24Amendments to the Civil Procedure Rules 1998
- 25Amendments to the Civil Procedure Rules 1998
- 26Amendments to the Civil Procedure Rules 1998
- 27Amendments to the Civil Procedure Rules 1998
- 28Amendments to the Civil Procedure Rules 1998
- 29Amendments to the Civil Procedure Rules 1998
- 30Amendments to the Civil Procedure Rules 1998
- 31Amendments to the Civil Procedure Rules 1998
- 32Amendments to the Civil Procedure Rules 1998
- 33Amendments to the Civil Procedure Rules 1998
- 34Amendments to the Civil Procedure Rules 1998
- 35Amendments to the Civil Procedure Rules 1998
- 36Amendments to the Civil Procedure Rules 1998
- 37Amendments to the Civil Procedure Rules 1998
- 38Amendments to the Civil Procedure Rules 1998
- 39Amendments to the Civil Procedure Rules 1998
- 40Amendments to the Civil Procedure Rules 1998
- 41Amendments to the Civil Procedure Rules 1998
- 42Amendments to the Civil Procedure Rules 1998
- 43Amendments to the Civil Procedure Rules 1998
- 44Amendments to the Civil Procedure Rules 1998
- 45Amendments to the Civil Procedure Rules 1998
- 46Amendments to the Civil Procedure Rules 1998
- 47Amendments to the Civil Procedure Rules 1998
- 48Amendments to the Civil Procedure Rules 1998
- 49Amendments to the Civil Procedure Rules 1998
- 50Amendments to the Civil Procedure Rules 1998
- 51Amendments to the Civil Procedure Rules 1998
- 52Amendments to the Civil Procedure Rules 1998
- 53Amendments to the Civil Procedure Rules 1998
- 54Amendments to the Civil Procedure Rules 1998
- 55Amendments to the Civil Procedure Rules 1998
- 56Amendments to the Civil Procedure Rules 1998
- 57Amendments to the Civil Procedure Rules 1998
- Signature
- Explanatory note
1Citation, commencement and interpretation
These Rules may be cited as the Civil Procedure (Amendment No.2) Rules 2009.
Except as provided in paragraphs (3), (4) and (5), these Rules come into force on 6th April 2010.
Rules 3(a), 5(a) and 26(c) of these Rules come into force on 1st February 2010.
Rules 28(d) and 29(a) and (c) of these Rules comes into force on 15th February 2010.
Rules 3(b) and 6(f) of these Rules comes into force on 1st April 2010.
2Citation, commencement and interpretation
In these Rules—
a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998f1; and
a reference to an Order by number and prefixed “RSC” means the RSC Order so numbered in Schedule 1 to those Rules.
3Amendments to the Civil Procedure Rules 1998
In Part 2—
in rule 2.3(1), for the definition of “legal representative” substitute—
““legal representative” means a—
(a)barrister;
(b)solicitor;
(c)solicitor’s employee;
(d)manager of a body recognised under section 9 of the Administration of Justice Act 1985f1; or
(e)person who, for the purposes of the Legal Services Act 2007f2, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act),
who has been instructed to act for a party in relation to proceedings;”; and
in rule 2.8(5), for “When the period specified—” substitute “Subject to the provisions of Practice Direction 5C, when the period specified—”
4Amendments to the Civil Procedure Rules 1998
In Part 5—
in the parenthesis below rule 5.4(2), for “The practice direction” substitute “Practice Direction 5A”;
in rule 5.4B(1), for “the Practice Direction” substitute “Practice Direction 5A”; and
in the parenthesis below rule 5.4C(1A), for “The Practice Direction to this Part” substitute “Practice Direction 5A”.
5Amendments to the Civil Procedure Rules 1998
In Part 6—
in rule 6.2, for sub-paragraph (d) substitute—
“(d)“solicitor” includes any other person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act).”;
in—
rules 6.3(1)(b), 6.3(1)(d), 6.20(1)(b), 6.20(1)(d), 6.23(5) and 6.23(6); and
the parenthesis below rules 6.5(3) and 6.26,
for “Practice Direction A supplementing this Part” substitute “Practice Direction 6A”;
in rule 6.6(1), after “rule” insert “6.7(2) or”;
for rule 6.7 substitute—
“Service of the claim form on a solicitor within the jurisdiction or in any EEA state
6.7.(1)Subject to rule 6.5(1), where—
(a)the defendant has given in writing the business address within the jurisdiction of a solicitor as an address at which the defendant may be served with the claim form; or
(b)a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within the jurisdiction,
the claim form must be served at the business address of that solicitor.
(‘Solicitor’ has the extended meaning set out in rule 6.2(d).)
(2)Subject to rule 6.5(1) and the provisions of Section IV of this Part, where—
(a)the defendant has given in writing the business address within any EEA state of a solicitor as an address at which the defendant may be served with the claim form; or
(b)a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within any EEA state,
the claim form must be served at the business address of that solicitor.
(‘Solicitor’ has the extended meaning set out in rule 6.2(d).)”
in the parenthesis below rule 6.10(b), for “The practice direction supplementing Part 66” substitute “Practice Direction 66”;
in rule 6.23(2)(a)—
after “address” insert “either”; and
after “United Kingdom” insert “or any other EEA state”;
in—
rules 6.35(5), 6.36, 6.37(1)(a), 6.37(2), 6.42(3) and 6.43(2)(c);
the parenthesis below rules 6.37(5) and 6.42(3); and
the first parenthesis below rule 6.41,
for “Practice Direction B supplementing this Part” substitute “Practice Direction 6B”; and
in the parenthesis below rules 6.6(2) and 6.23(1), for “the practice direction supplementing Part 16” substitute “Practice Direction 16”.
6Amendments to the Civil Procedure Rules 1998
In Part 7—
in rule 7.1, for “the relevant practice direction” substitute “the relevant practice directions supplementing this Part”;
in the third parenthesis below rule 7.2(2), for “costs practice direction” substitute “Costs Practice Direction”;
in rule 7.2A, for “The practice direction supplementing this Part” substitute “Practice Direction 7A”;
in rule 7.4(3)—
in sub-paragraph (a), for “the Practice Direction (Production Centre) supplementing Part 7” substitute “Practice Direction 7C”; and
in sub-paragraph (b), for “the Practice Direction (Money Claim Online) supplementing Part 7” substitute “Practice Direction 7E”;
in rules 7.10(2) and 7.10(3), for “The relevant practice direction” substitute “Practice Direction 7C”; and
after rule 7.12 insert—
“(Practice Direction 5C deals with electronic issue of claims started or continued under the Electronic Working scheme.)”.
7Amendments to the Civil Procedure Rules 1998
In—
the third parenthesis below rule 8.2; and
the first parenthesis below rule 8.3,
for “costs practice direction” substitute “Costs Practice Direction”.
8Amendments to the Civil Procedure Rules 1998
Omit the parenthesis below rule 9.2(c).
9Amendments to the Civil Procedure Rules 1998
In rule 10.3(2)(c), for “Practice Direction B supplementing Part 6” substitute “Practice Direction 6B”.
10Amendments to the Civil Procedure Rules 1998
In rule 14.1A(2), for “the Practice Direction to this Part” substitute “Practice Direction 14”.
11Amendments to the Civil Procedure Rules 1998
In the second parenthesis below rule 15.6, for “costs practice direction” substitute “Costs Practice Direction”.
12Amendments to the Civil Procedure Rules 1998
In the second parenthesis below rule 16.2, for “costs practice direction” substitute “Costs Practice Direction”.
13Amendments to the Civil Procedure Rules 1998
In Part 19—
in the parenthesis below 19.4A, for “A practice direction” substitute “Practice Direction 19A”;
in rule 19.9A(4)(a), for “the practice direction supplementing this rule” substitute “Practice Direction 19C”; and
in the parenthesis below rule 19.11(1), for “The practice direction” substitute “Practice Direction 19B”.
14Amendments to the Civil Procedure Rules 1998
In rules 27.4(3)(a)(ii), 27.14(2)(b), 27.14(2)(e) and 27.14(2)(f), for “the relevant practice direction” substitute “Practice Direction 27”.
15Amendments to the Civil Procedure Rules 1998
In Part 30—
in rule 30.1(2), for “The practice direction may make” substitute “Practice Direction 30 makes”; and
in the parenthesis below rule 30.6 omit “(Administrative Court (Venue))”.
16Amendments to the Civil Procedure Rules 1998
In rules 32.8 and 32.16, for “the relevant practice direction” substitute “Practice Direction 32”.
17Amendments to the Civil Procedure Rules 1998
In rules 34.7(b), 34.8(6)(b) and 34.22(a), for “the relevant practice direction” substitute “Practice Direction 34A”.
18Amendments to the Civil Procedure Rules 1998
In—
the parenthesis below rule 35.4(3A); and
rule 35.10(1),
for “practice direction” substitute “Practice Direction”.
19Amendments to the Civil Procedure Rules 1998
In the parenthesis below rule 36.5(7), for “A practice direction supplementing Part 41” substitute “Practice Direction 41B”.
20Amendments to the Civil Procedure Rules 1998
In Part 40—
in the parenthesis below rule 40.2(4), for “the Practice Direction supplementing Part 52” substitute “Practice Direction 52”; and
in the parenthesis below rule 40.18, for “practice direction relating to Part 44” substitute “Costs Practice Direction”.
21Amendments to the Civil Procedure Rules 1998
In rules 41.7, 41.9(2)(b) and 41.10, for “the practice direction” substitute “Practice Direction 41B”.
22Amendments to the Civil Procedure Rules 1998
In Part 44—
in—
rule 44.3B(1)(d)(i);
the parenthesis below rules 44.7 and 44.17; and
the first parenthesis below rule 44.15(3),
for “costs practice direction” substitute “Costs Practice Direction”; and
in rule 44.19(3)(a)(i), for “Practice Direction supplementing this rule” substitute “Costs Practice Direction”.
23Amendments to the Civil Procedure Rules 1998
In Part 45—
in the parenthesis below rule 45.1(2) for “The practice direction supplementing rule 7.9” substitute “Practice Direction 7B”;
in rule 45.9(2)(a) for “relevant practice direction” substitute “Costs Practice Direction”; and
in the parenthesis below rule 45.23 for “Practice Direction supplementing Part 45” substitute “Costs Practice Direction”.
24Amendments to the Civil Procedure Rules 1998
In rule 46.3—
in the first parenthesis below paragraph (2A); and
in paragraph (5)(b),
for “costs practice direction” substitute “Costs Practice Direction”.
25Amendments to the Civil Procedure Rules 1998
In Part 47—
in rules 47.6(2) and 47.11(3); and
in the parenthesis below rules 47.1, 47.3, 47.4(1), 47.6(3), 47.9(3), 47.11(1), 47.12(4), 47.13, 47.14, 47.16(5), 47.19(2),
for “costs practice direction” substitute “Costs Practice Direction”.
26Amendments to the Civil Procedure Rules 1998
In Part 48—
in—
rule 48.5(3); and
the parenthesis below rules 48.3(1) and 48.6(3)(c),
for “costs practice direction” substitute “Costs Practice Direction;
in rule 48.6(4)(b), for “practice direction” substitute “Costs Practice Direction”; and
in rule 48.6(6)(b), for “or other authorised litigator (as defined in the Courts and Legal Services Act 1990)” substitute “, manager of a body recognised under section 9 of the Administration of Justice Act 1985 or a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act)”.
27Amendments to the Civil Procedure Rules 1998
In rule 51.1, for “A practice direction shall make” substitute “Practice Direction 51A makes”.
28Amendments to the Civil Procedure Rules 1998
In Part 52—
in the table of contents, for “Parties to comply with practice direction” substitute “Parties to comply with Practice Direction 52”;
in—
rule 52.2 in the heading; and
rule 52.17(8),
for “the practice direction” substitute “Practice Direction 52”;
in rules 52.2, 52.3(1)(b) and 52.6(2)(b), for “the relevant practice direction” substitute “Practice Direction 52”; and
in rule 52.7(b), for “Asylum and Immigration Tribunal” substitute “Immigration and Asylum Chamber of the Upper Tribunal”.
29Amendments to the Civil Procedure Rules 1998
In Part 54—
in the table of contents, omit—
the entry “III APPLICATIONS FOR STATUTORY REVIEW UNDER SECTION 103A OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002”; and
the entries relation to rules 54.28 to 54.35;
in rule 54.6(2), for “the relevant practice direction” substitute “Practice Direction 54A”; and
omit Section III.
30Amendments to the Civil Procedure Rules 1998
In Part 55—
in rule 55.3(3), for “The practice direction” substitute “Practice Direction 55A”;
in rules 55.3(5), 55.13(1)(a), 55.14(2), 55.22(2), 55.22(3)(a), 55.23(1)(c), 55.24(2) and 55.25(3), for “the relevant practice direction” substitute “Practice Direction 55A”; and
in the parenthesis below rule 55.4, for “The relevant practice direction and Part 16” substitute “Part 16 and Practice Direction 55A”.
31Amendments to the Civil Procedure Rules 1998
In Part 56—
in rule 56.2(3), for “The practice direction” substitute “Practice Direction 56”; and
in the parenthesis below rule 56.3(4), for “The practice direction to this Part” substitute “Practice Direction 56”.
32Amendments to the Civil Procedure Rules 1998
In Part 57—
in rule 57.4(3), for “Practice Direction B supplementing Part 6” substitute “Practice Direction 6B”;
in—
the parenthesis below rule 57.5(3); and
rule 57.16(5),
for “the practice direction” substitute “Practice Direction 57”;
in rules 57.12(3) and 57.13(4), for “The practice direction” substitute “Practice Direction 57”;
in rule 57.15(2), for “its practice direction” substitute “Practice Direction 40B”; and
in rule 57.16(4A), for “Practice Direction B supplementing Part 6” substitute “Practice Direction 6B”.
33Amendments to the Civil Procedure Rules 1998
In Part 58—
in rule 58.1(2), for “its practice direction” substitute “Practice Direction 58”; and
in rule 58.13(3), for “the practice direction” substitute “Practice Direction 58”.
34Amendments to the Civil Procedure Rules 1998
In Part 59—
in rule 59.1—
in paragraph (3) for “its practice direction” substitute “Practice Direction 59”; and
in paragraph (3)(a) for “the Practice Direction” substitute “Practice Direction 59”; and
in rule 59.11(3), for “the practice direction” substitute “Practice Direction 59”.
35Amendments to the Civil Procedure Rules 1998
In Part 60—
in rules 60.1(2), 60.1(2)(b) and 60.1(5)(b)(i), for “its practice direction” substitute “Practice Direction 60”;
in the parenthesis below rule 60.1(3), for “The Practice Direction” substitute “Practice Direction 60”;
in rule 60.4(c), for “the practice direction” substitute “Practice Direction 60”; and
in rule 60.6(2), for—
“its practice direction” substitute Practice Direction 29”; and
“the practice direction to this Part” substitute “Practice Direction 60”.
36Amendments to the Civil Procedure Rules 1998
In Part 61—
in rules 61.1(2)(i), 61.3(2), 61.3(5)(a), 61.4(5), 61.4(6)(a), 61.5(3)(b), 61.5(5)(a), 61.7(2), 61.8(2), 61.8(4)(c), 61.8(4)(d)(i), 61.9(3)(a)(i), 61.11(2), 6.11(7), 61.11(9)(a), 61.11(9)(b), 61.11(11)(a) and 61.11(12), for “the practice direction” substitute “Practice Direction 61”; and
in rule 61.5(2) for “The practice direction” substitute “Practice Direction 61”.
37Amendments to the Civil Procedure Rules 1998
In rules 62.1(2)(f), 62.3(3) and 62.7(4), for “the practice direction” substitute “Practice Direction 62”.
38Amendments to the Civil Procedure Rules 1998
In Part 63—
in rules 63.1(1)(b)(iv), 63.6, 63.8(3), 63.9, 63.13, 63.13(c), for “the practice direction” substitute “Practice Direction 63”; and
omit rule 63.1(2)(i).
39Amendments to the Civil Procedure Rules 1998
In Part 64—
in rule 64.1(2), for “its practice directions” substitute “Practice Directions 64A and 64B”; and
in rule 64.6(2), for “the practice direction” substitute “Practice Direction 64A”.
40Amendments to the Civil Procedure Rules 1998
In Part 65—
in rules 65.3(1), 65.3(2)(a), and 65.14(2), for “the relevant practice direction” substitute “Practice Direction 65”; and
in the parenthesis below rule 65.14(2), for “The relevant practice direction and Part 16” substitute “Part 16 and Practice Direction 65”.
41Amendments to the Civil Procedure Rules 1998
In Part 67—
in the second parenthesis below rule 67.1 for “The practice direction supplementing Part 52” substitute “Practice Direction 52”; and
in the second parenthesis below rule 67.3(1)—
after “contained in rule 47.4”, for “,” substitute “and”; and
omit “and the Costs Pilot Scheme Practice Direction supplementing Part 47”.
42Amendments to the Civil Procedure Rules 1998
In rule 68.2(3), for “the practice direction supplementing this Part” substitute “Practice Direction 68”.
43Amendments to the Civil Procedure Rules 1998
In Part 69—
in the parenthesis below rules 69.2, 69.6 and 69.8(1), for “The practice direction” substitute “Practice Direction 69”; and
in the parenthesis below rule 69.8(6), for “The practice direction supplementing Part 40” substitute “Practice Direction 40A”.
44Amendments to the Civil Procedure Rules 1998
In Part 70—
in rule 70.2(1), for “The relevant practice direction” substitute “Practice Direction 70”; and
in rules 70.5(2A)(b), 70.5(5) and 70.5(8), for “the practice direction supplementing this Part” substitute “Practice Direction 70”.
45Amendments to the Civil Procedure Rules 1998
In rule 71.2(3), for “the relevant practice direction” substitute “Practice Direction 71”.
46Amendments to the Civil Procedure Rules 1998
In rules 72.3(2)(a) and 72.4(3)(b), for “the relevant practice direction” substitute “Practice Direction 72”.
47Amendments to the Civil Procedure Rules 1998
In Part 73—
in—
rules 73.3(4)(a) and 73.10(5); and
in the parenthesis below rule 73.17(2),
for “the relevant practice direction” substitute “Practice Direction 73”; and
in rule 73.22, for “The practice direction supplementing this Part” substitute “Practice Direction 73”.
48Amendments to the Civil Procedure Rules 1998
In the parenthesis below rule 74.1(5) omit “European Enforcement Orders”.
49Amendments to the Civil Procedure Rules 1998
In Part 75—
in rules 75.1(1) and 75.5, for “The practice direction supplementing this Part” substitute “Practice Direction 75”; and
in rules 75.1(2)(f) and 75.3(2)(c)(v), for “the practice direction supplementing this Part” substitute “Practice Direction 75”.
50Amendments to the Civil Procedure Rules 1998
In rules 76.12(3) and 76.16(3), for “the practice direction” substitute “Practice Direction 52”.
51Amendments to the Civil Procedure Rules 1998
In Part 77—
in rules 77.2 and 77.3, for “the practice direction supplementing this Part” substitute “Practice Direction 77”; and
in rule 77.5, “the Practice Direction supplementing this Part” substitute “Practice Direction 77”.
52Amendments to the Civil Procedure Rules 1998
In rule 78.1(3)(a), for “the Practice Direction supplementing this Part” substitute “Practice Direction 78”.
53Amendments to the Civil Procedure Rules 1998
In RSC Order 45, rules 2 and 12(1) to (4), for “the relevant Practice Direction” substitute “Practice Direction 4”.
54Amendments to the Civil Procedure Rules 1998
In RSC Order 46, rule 8(3), for “the relevant Practice Direction” substitute “Practice Direction 4”.
55Amendments to the Civil Procedure Rules 1998
In RSC Order 54, rules 6(4) and 10, for “the relevant Practice Direction” substitute “Practice Direction 4”.
56Amendments to the Civil Procedure Rules 1998
In RSC Order 79, rule 9—
in paragraphs (2) and (10), for “the relevant practice direction” substitute “Practice Direction 4”; and
in paragraphs (6), (7) and (13), for “the relevant Practice Direction” substitute “Practice Direction 4”.
57Amendments to the Civil Procedure Rules 1998
In RSC Order 109, rule 4(4), for “the relevant practice direction” substitute “Practice Direction 4”.
Signature
Neuberger of Abbotsbury, M.R.
Martin Moore-Bick, L.J.
Rupert Jackson, L.J.
Launcelot Henderson, J.
HHJ Stephen Stewart Q.C.
District Judge Robert Hill
District Judge Suzanne Burn
David di Mambro
Nicholas Bacon
Katy Peters
Qasim Nawaz
David Grant
I allow these Rules
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
22nd December 2009
Explanatory note
(This note is not part of these Rules)
These Rules amend the Civil Procedure Rules 1998 in that they—
-
amend rules 2.3(1), 6.2(d) and 48.6(6)(b) as a consequence of the new regulatory framework for the provision of legal services being introduced by the Legal Services Act 2007;
-
amend Part 5 to 10, 14 to 16, 19, 27, 30, 32, 34 to 36, 40, 41, 44 to 48, 51, 52, 54 to 65, 67 to 78 and RSC Orders 45, 46, 54, 79 and 109 as a consequence of the renaming of all practice directions;
-
amend rule 2.8(5) as a consequence of the new Electronic Working scheme set out in new Practice Direction 5C;
-
amend rules 6.6, 6.7 and 6.23 to provide for service on a solicitor within any EEA state so as to comply with EC Directive 2006/123/EC; and
-
amend rule 52.7 and revoke Section III of Part 54 as a consequence of the abolition of the Asylum and Immigration Tribunal.